Towtheline
Member
What is the name of your state (only U.S. law)? California
I have been, over the past 4 months, getting harassed and assaulted and battered by someone in the Marina I have a sailboat in.
This person does not like me because I use my bicycle as my mobility aid and have ridden the bike on the docks, which is apparently against the rules. ( I have asked the marina for an accommodation for my disability, but I have not been able to come up with the information they are asking for to prove the disability because I do not have any money to go see a Dr. right now, who would say that I need my bike as a mobility aid.) I have not ridden my bike on the dock now for over 3 months because of this.
I recently tried to get a restraining order against them, but the Judge dissolved the TRO because he said there was not enough there to "bring it to the level" of civil harassment, or something to this effect, but he did say that the defendant and I should seek alternative conflict resolution services. More importantly, at the hearing on 12/31/08, the Judge asked Defendant if he did indeed hit me, and he said "yes" to the question. Also at the beginning of the hearing the defendant stated "I've been in the Marina for 30 years and never have had any problems", I rebutted this by telling the judge that the Defendant was lying because someone in the Marina has in place a 3 year RO against him. The defendant then admitted that was true.
After the 12/31/08 hearing the Defandant told numerous people that I was getting kicked out of the Marina (not true, according to the marina office), and that I was getting sued f
So my question is... 1) Because I have exhausted my options in getting him to leave me alone, should I take the court transcript from 12/31/08 and bring it to the Harbormaster and demand that he remove the defendant from my vicinity?
2) Do I have any avenues of recourse against the Harbormaster because of this person attacking me? (i.e. the marina is not a safe place for me because of this person, and the marina is required to make sure the docks are safe)
Thanks in advance for any advice.
I have been, over the past 4 months, getting harassed and assaulted and battered by someone in the Marina I have a sailboat in.
This person does not like me because I use my bicycle as my mobility aid and have ridden the bike on the docks, which is apparently against the rules. ( I have asked the marina for an accommodation for my disability, but I have not been able to come up with the information they are asking for to prove the disability because I do not have any money to go see a Dr. right now, who would say that I need my bike as a mobility aid.) I have not ridden my bike on the dock now for over 3 months because of this.
I recently tried to get a restraining order against them, but the Judge dissolved the TRO because he said there was not enough there to "bring it to the level" of civil harassment, or something to this effect, but he did say that the defendant and I should seek alternative conflict resolution services. More importantly, at the hearing on 12/31/08, the Judge asked Defendant if he did indeed hit me, and he said "yes" to the question. Also at the beginning of the hearing the defendant stated "I've been in the Marina for 30 years and never have had any problems", I rebutted this by telling the judge that the Defendant was lying because someone in the Marina has in place a 3 year RO against him. The defendant then admitted that was true.
After the 12/31/08 hearing the Defandant told numerous people that I was getting kicked out of the Marina (not true, according to the marina office), and that I was getting sued f
So my question is... 1) Because I have exhausted my options in getting him to leave me alone, should I take the court transcript from 12/31/08 and bring it to the Harbormaster and demand that he remove the defendant from my vicinity?
2) Do I have any avenues of recourse against the Harbormaster because of this person attacking me? (i.e. the marina is not a safe place for me because of this person, and the marina is required to make sure the docks are safe)
Thanks in advance for any advice.
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